A Study on the Claim of Historical Rights under International Law with Special Reference to the Limitation of the Cartographic History of the South China Sea

2020 ◽  
Vol 31 (1) ◽  
pp. 209-237
Author(s):  
Si Jin Oh
2001 ◽  
Vol 126 (3-4) ◽  
pp. 211-220 ◽  
Author(s):  
Lijuan He ◽  
Kelin Wang ◽  
Liangping Xiong ◽  
Jiyang Wang

2017 ◽  
Vol 32 (2) ◽  
pp. 193-197 ◽  
Author(s):  
Erik Franckx ◽  
Marco Benatar

This piece offers the Guest Editors’ Introduction to this Special Issue of The International Journal of Marine and Coastal Law—dedicated to the South China Sea. It outlines the history of the 2015 Brussels Conference at which the papers in the Special Issue were first presented, notes the key presentations and introduces the authors. Four subject matters are addressed: fisheries, navigation, the regime of islands, and international dispute settlement.


2019 ◽  
Vol 7 (2) ◽  
pp. 249-261
Author(s):  
Renyuan Li

Abstract In the Award of the South China Sea Arbitration, the Tribunal concluded that the Convention had superseded any historic rights in excess of the limits imposed by the Convention. Consequently, China’s claim of historic rights in the relevant part encompassed by the nine-dashed lines in the South China Sea exceeded the limits of China’s maritime entitlements under the Convention. But an analysis on the context and negotiation history of paragraph 8 of the preamble and issues related to historic rights in the Convention leads to an opposite conclusion. For the issues related to historic rights, the negotiation history of the Convention indicated that the Convention does not supersede any historic rights but left lacunae on related issues. According to the text and negotiation history of paragraph 8 of the Convention, historic rights were not superseded but were regulated by general international law.


Asian Survey ◽  
2015 ◽  
Vol 55 (3) ◽  
pp. 455-477 ◽  
Author(s):  
Stein Tønnesson

The article looks at three ways in which international law has affected government behavior in the South China Sea. It has exacerbated disputes. It has probably curtailed the use of force. And it has made it difficult to imagine solutions that violate the law of the sea.


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